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Chapter 214 - Building and Building Regulations (Special Acts) Chapter 214 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Secs. 214-1-214-25. Reserved. Article II. Building Code Sec. 214-26. Inspection fees. Sec. 214-27. Review of decisions of board of adjustment;proceedings defined. Secs. 214-28-214-50. Reserved. Article III. Contractors'Licensing and Zoning Investigators Sec. 214-51. Designation of inspectors. Sec. 214-52. Authority of investigators. Sec. 214-53. Issuance of citations. Sec. 214-54. Form of citations. Sec. 214-55. Limitation of investigator's authority. • *Code reference—Ordinances pertaining to buildings and building regulations,ch. 22. Cross references—Fire prevention and protection,ch.230;planning, ch. 250;subdivisions,ch. 266. State law references—Building construction standards,F.S.ch.553;authority to adopt building regulations,F.S.§125.01(1)(i). SA214:1 BUILDINGS AND BUILDING REGULATIONS § 214-51 ARTICLE I.IN GENERAL board,and on due cause shown,grant a restraining order. The board of adjustment shall not be re- . Secs. 214-1-214-25. Reserved. quired to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as ARTICLE II.BUILDING CODE* may be called for by such writ. The return shall concisely set forth such other facts as may be per- Sec. 214-26. Inspection fees. tinent and material to show the grounds of the decision appealed from and shall be verified. If, The board of county commissioners of Collier upon the hearing,it shall appear to the court that County may provide a schedule of inspection fees testimony is necessary for the proper disposition in order to defer the cost of inspection and enforce- of the matter, it may take evidence or appoint a ment of the provisions of this article, and of any referee to take such evidence as it may direct and building code adopted, amended or continued as report the same to the court with his findings of hereinafter provided,pursuant to the terms of this fact and conclusions of law,which shall constitute article. a part of the proceedings upon which the determi- (Laws of Fla. ch. 67-1233, § 3) nation of the court shall be made. The court may State law reference—Building code inspection fees,F.S.§ reverse or affirm,wholly or partly, or may modify 125.56(2). the decision brought up for review. Costs shall not Sec. 214-27. Review of decisions of board of be allowed against the board of adjustment unless adjustment; proceedings de- it shall appear to the court that the board acted fined. with gross negligence, or in bad faith, or with malice in making the decision appealed from. Review of decisions of the board of adjustment (Laws of Fla. ch. 67-1233, § 10) is exclusively by the circuit court of Collier County. State law reference—Jurisdiction of circuit court, Fla. Any person or persons, jointly or severally, ag- art.V, § 5,F.S. §26.012. grieved by any decision of the board of adjustment may present to the circuit court of Collier County Secs. 214-28-214-50. Reserved. a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and speci- fying the grounds of the illegality. Such petition ARTICLE III. CONTRACTORS' shall be presented to the court within 30 days LICENSING AND ZONING after the decision of the board of adjustment.Upon INVESTIGATORS' the presentation of such petition the court may allow a writ of certiorari directed to the board of Sec. 214-51. Designation of inspectors. adjustment to review such decision of the board of adjustment and shall prescribe therein the time The board of county commissioners of Collier within which a return thereto must be made and County, Florida, is hereby authorized to desig- served upon relator's attorney,which shall not be nate agents or employees of the Collier County less than ten days and may be extended by the building department as contractors' licensing in- court. The allowance of the writ shall not stay vestigators and to designate agents or employees proceedings upon the decision appealed from,but of the Collier County zoning department as zoning the court may, on application, on notice to the investigators. It shall be the responsibility of said board to determine the training and qualifica- *Editor's note—Laws of Fla. ch. 67-1233 pertained to tions of any employees or agents so designated. building codes.The substantive sections of such act not corn- piled in the article were repealed by Collier County Ord.No. Such designations shall be by resolution adopted 81-21. It appears likely that it was the intent of the board of at any regular or special meeting of said board. county commissioners that the unrepealed provisions apply to (Laws of Fla. ch. 81-364, § 1) such ordinance and successor ordinances. Code reference—Ordinances pertaining to technical codes, tCode reference—Ordinances pertaining contractors' li- §22-106 et seq. tensing and zoning investigators, §22-81 et seq. SA214:3 §214-52 • COLLIER COUNTY CODE Sec. 214-52. Authority of investigators. exotics ordinance, or subsequent amendments to said ordinances, violated, name of the citing con- (a) It shall be the duty of any person designated tractors' licensing investigator or zoning investi- as a contractors' licensing investigator to enforce gator,and a date and time which the violator shall the provisions of the Collier County contractors' appear in county court. licensing ordinance [chapter 22, article V of the (Laws of Fla. ch. 81-364, § 4; Laws of Fla. ch. Code] and subsequent amendments thereto re- 84-414 § 1) lating to contractor's licensing. ' (b) It shall be the duty of any person designated Sec. 214-55. Limitation of investigator's au- as a zoning investigator to enforce the provisions thority. of the Collier County zoning ordinance,protected Nothing herein contained shall be construed to tree ordinance (Collier County Ordinance 75-21), authorize or permit any person designated as a and exotics ordinance (Collier County Ordinance contractors' licensing investigator or zoning in- 82-37), and subsequent amendments relating to vestigator pursuant to this article to perform any said ordinances. function or duties of a law enforcement officer (Laws of Fla. ch. 81-364, § 2; Laws of Fla. ch. other than specified herein.Contractors'licensing 84-414, § 1) investigators and zoning investigators designated pursuant to this article shall not make physical Sec. 214.53. Issuance of citations. arrests or take any person into custody and shall (a) Any person designated as a contractors' li- be exempt from the requirements relating to the tensing investigator is hereby authorized to issue state high hazard retirement program and police citations for violations of the Collier County con- standards and training commission as defined and tractor's licensing ordinance [chapter 22, article provided by general law. V of the Code], and subsequent amendments (Laws of Fla. ch. 81 364, § 5) thereto, where such violations are witnessed by said investigator. (b) Any person designated as zoning investi- gator is hereby authorized to issue citations for violations of the Collier County zoning ordinance, the protected tree ordinance (Collier County Or- dinance 75-21), and the exotics ordinance (Collier County Ordinance 82-37),and subsequent amend- ments relating to said ordinances, where such vi- olations are witnessed by said investigator. (Laws of Fla. ch. 81-364, § 3; Laws of Fla. ch. 84-414, § 1) Sec. 214-54. Form of citations. A citation issued by a contractors' licensing in- vestigator or zoning investigator under the provi- sions of this act shall be in a form prescribed by the board of county commissioners.Such citations shall state the date and time of issuance, name and address of the person in violation, the date of the violation, the section of the Collier County contractors' licensing ordinance [chapter 22, ar- ticle V of the Code], zoning ordinance, Collier County protected tree ordinance or Collier County SA214:4 Chapters 215-217 RESERVED SA215:1